LOST IN TRANSITION: ANSWERING THE QUESTIONS RAISED BY THE SUPREME COURT OF CANADA’S NEW APPROACH TO JURISDICTION
AbstractThe authors analyze the emerging jurisprudence on four questions raised by the new principles on the taking of jurisdiction emanating from the Supreme Court of Canada. Each question concerns the relationship between the requirement of a real and substantial connection, as developed in cases since Morguard, and the traditional bases for jurisdiction – the defendant’s presence in the province, the defendant’s submission to the court, and the province’s rules for service outside its borders. Drawing on examples from Ontario and British Columbia, the authors identify considerable divergence in the case law, both at the appellate and first instance levels, before recommending and justifying an answer to each question.
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